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S08132 Summary:

BILL NOS08132
 
SAME ASSAME AS A09380
 
SPONSORPARKER
 
COSPNSRBAILEY, CLEARE, FERNANDEZ, SANDERS, SEPULVEDA
 
MLTSPNSR
 
Add §170-h, Exec L
 
Establishes the office of ethnic and community media; provides duties of the executive director; requires each state agency to seek to direct at least fifty percent of its total spending on advertising to ethnic and community media outlets.
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S08132 Actions:

BILL NOS08132
 
01/08/2024REFERRED TO FINANCE
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S08132 Memo:

Memo not available
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S08132 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8132
 
                    IN SENATE
 
                                     January 8, 2024
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          office of ethnic and community media
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  170-h
     2  to read as follows:
     3    § 170-h. Office of ethnic and community media.  1. For the purposes of
     4  this section, the following terms shall have the following meanings:
     5    (a) "ethnic and community media outlet" means any media outlet that:
     6    (i)  serves particular communities of people based on native language,
     7  race, color, gender, national origin, ethnicity, religion, sexual orien-
     8  tation, disability or immigrant status;
     9    (ii) targets a discrete neighborhood, geographic region or  population
    10  within the state rather than the state as a whole; or
    11    (iii)  falls  within a specifically tailored subject matter, as deter-
    12  mined by the executive director;
    13    (b) "executive director" means the executive director  of  ethnic  and
    14  community media;
    15    (c)  "media  outlet"  means  a publication that provides news or other
    16  media content through print or digital  means,  and  any  television  or
    17  radio outlet; and
    18    (d) "state agency" means:
    19    (i) any agency the head of which is appointed by the governor; and
    20    (ii)  any  agency  headed by a board, commission or other multi-member
    21  body, the majority of the membership of which is appointed by the gover-
    22  nor.
    23    2. (a) There shall be an office of ethnic and  community  media.  Such
    24  office  shall be headed by an executive director of ethnic and community
    25  media who shall be appointed by the governor.
    26    (b) The executive director shall have the power and  duty  to  perform
    27  the following functions related to ethnic and community media:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13851-01-3

        S. 8132                             2
 
     1    (i)  advise  and assist the governor in coordinating the communication
     2  of government-related information to the public;
     3    (ii)  facilitate  communication  between state agencies to assist such
     4  agencies in delivering consistent information via community  and  ethnic
     5  media outlets to the public;
     6    (iii) monitor state agencies' distribution of advertising resources in
     7  accordance with this section;
     8    (iv) develop and maintain a list of ethnic and community media outlets
     9  for  state  agencies  to use at their discretion. The executive director
    10  shall publish guidelines setting forth a process for the development  of
    11  such list;
    12    (v) create forms for requests for waivers pursuant to this section;
    13    (vi)  during  the  calendar year beginning January first, two thousand
    14  twenty-five and at least once each year thereafter, prepare  and  submit
    15  to  the  governor, the temporary president of the senate and the speaker
    16  of the assembly a report on the annual  advertising  for  the  preceding
    17  fiscal  year of each state agency, and with respect to each such entity,
    18  such report shall include, but need not be limited to, the total  amount
    19  paid  by  each  entity  to  media  outlets for advertising and the total
    20  amount each entity paid to ethnic and community media outlets for adver-
    21  tising. With respect to state agencies, such report  shall  include  any
    22  waivers  issued  pursuant  to this section. State agencies shall provide
    23  appropriate data to the office of ethnic and community media to complete
    24  such report;
    25    (vii) hold at least one annual training for state officers and employ-
    26  ees responsible for purchasing advertising; and
    27    (viii) delegate these powers and duties to any individuals  designated
    28  in writing as deputies of the executive director.
    29    (c)  The  executive  director  may  appoint  deputies and staff within
    30  available appropriations.
    31    3. (a) Each state agency shall seek to direct at least  fifty  percent
    32  of  its  total  spending  on  advertising  to ethnic and community media
    33  outlets, provided that a state agency may apply to the executive  direc-
    34  tor  for  an  annual  waiver  of  this  goal. Any such application shall
    35  provide a particularized explanation regarding the public  purpose  that
    36  would  be  served by the issuance of a waiver. If a waiver is granted by
    37  the executive director, it shall be posted on a website managed or oper-
    38  ated by such state agency together with the explanation for the waiver.
    39    (b) To the extent paragraph (a) of this subdivision conflicts  with  a
    40  state  agency's obligation to issue notices required by law to be posted
    41  or distributed in media outlets, the terms  of  paragraph  (a)  of  this
    42  subdivision  shall not apply.  In implementing the requirements of para-
    43  graph (a) of this subdivision, a state agency shall omit the publication
    44  cost of such legally required notices from its total advertising  budget
    45  before calculating its required ethnic and community media outlet spend-
    46  ing pursuant to paragraph (a) of this subdivision.
    47    §  2.  This  act shall take effect on the ninetieth day after it shall
    48  have become a law.
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